Phoenix/ Politics & Govt
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Published on May 01, 2024
Arizona Attorney General Kris Mayes Seeks To Delay Abortion Law Mandate, Eyeing U.S. Supreme Court AppealSource: Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

Arizona's legal drama over its abortion laws saw new developments as Attorney General Kris Mayes sought to pause a judicial mandate. Mayes has filed a motion with the Arizona Supreme Court to hold off on the mandate stemming from Planned Parenthood v. Hazelrigg. This request comes as the Attorney General's Office contemplates a potential appeal to the U.S. Supreme Court announced yesterday.

Mayes expressed her office's need "to thoroughly evaluate" the federal implications of the Supreme Court decision, which found itself anchored in an archaic statute. "The Arizona Supreme Court's decision in the 1864 case relied on a statute that a federal court has enjoined as unconstitutionally vague," Mayes stated, highlighting concerns under the Due Process and Supremacy Clauses. The motion to stay the mandate aims to provide the AG's office with a 90-day window to decide whether to proceed to the United States Supreme Court for a review.

On April 26, the state Supreme Court denied the initial motion for reconsideration but the fresh motion to delay issuance is seen as standard, with the Court typically granting such requests. The case at the heart of this controversy challenges the legal and moral landscapes of Arizona's approach to reproductive rights, encapsulated within a statute that predates the American Civil War.

Should the Attorney General opt not to seek further review by the nation's highest court, Arizona's legal system will soon be notified. Meanwhile, the office has promised updates, which concerned citizens can find on the official Attorney General's website. The full text of the motion can also be viewed, indicative of yet another chapter in the continuously evolving saga of abortion legislation in Arizona and beyond.